Enforcement of Guarantees Upon Insolvency - A Bite-Sized Guide

Introduction

This short webinar will provide insight into cross-company and personal guarantees being called upon following a company entering into insolvency.

Commercial funding can happen within just a few minutes with many new online lenders, and they are typically subject to directors providing a personal guarantee.

Many directors do not even realise they have signed personal guarantees.

This webinar will consider possible defences for directors and related companies that have entered into guarantees.

The webinar will also analyse recent case law which considers the court’s power to unwind transactions designed to defeat the interests of creditors, enforcement options on different types of guarantee and the enforceability of guarantees on claims issued by a debt purchaser.

What You Will Learn

This webinar will cover the following:

• Impact of HMRC preferential status pursuant to the Finance Act 2020 on directors greater on personal guarantees in insolvency
• Things to consider when reviewing a personal guarantee
• Reviewing recent decision enabling Court to investigate transactions in circumstances when they are not directly made by the guarantor
• Practical tips and common problems faced with guarantees
• Case law update on the following:
• Jones v City Electrical Factors Ltd
• El-Husseiny and another v Invest Bank PSC
• Azzurro Associates Limited v Alan Smith and Anthony McNally

This pre-recorded webinar will be available to view from Monday 24th November 2025

Alternatively, you can gain access to this webinar and 1,800+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.